1939-01-26 — Page 4

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THE CHINA MAIL, JANUARY 26, 1939.

Appeal Succeeds In Jimmy's Kitchen Cutlery Case

JIMMY'S KITCHEN WAS ORDERED TO REFUND KWONG CHEUK-HIN, PROPRIETOR OF THE CATHAY DINING :- WARE COMPANY, A SUM OF $100 BY THE CHIEF JUS- TICE, SIR ATHOLL MacGREGOR, IN THE APPEAL COURT THIS MORNING WHEN. MR. M. A DA SILVA, REPRE- SENTING KWOK, SUCCESSFULLY APPEALED AGAINST THE CONVICTION OF HIS CLIENT BY MR. T. J. HOUSTON, SECOND MAGISTRATE AT THE CENTRAL POLICE COURT. reasonably true and On December 14 last, appellant was, statement was fined $300, or three months' hard la- asked for the appeal to be allowed,

On behalf of the Crown, Mr. J. B. bour, being found guilty of receiving

Assistant Crown Solicitor, a quantity of knives, forks and spoons, Prentis, knowing the goods to have been stoi-submitted that it was proved that the en. He was also ordered to pay $100 goods were missing and that the only compensation to Mr. Aaron Landau, of proper inference that could be drawn

Iwas that there had been a theft. Jimmy's Kitchen.

Appellant had admitted that he had The cutlery was ordered by Jimmy's never dealt before in such high qual- Kitchen from Messrs. John D. Hutity goods. He displayed them in his chinson and Company; but when the shop in Paddy's Market instead of in goods arrived in the Colony `it was his shop in Des Voeux Road Central 'cutlery was more where high-class found that part was missing.

likely to be disposed of.

For

The Chief Justice said he was bound During the lower court proceedings Kwok stated that a man named Tsang to note the reasons given by the learn- King-wan, cashier of a dispensary, had ed Magistrate in his finding. Inferences brought him samples of the knives, drawn must be favourable to defen- forks and spoons. Tsang told him dant. The learned Magistrate drew that the cutlery had been brought to two inferences, one which was consis- him by a friend, and he asked defen-tent with guilt and the other which

Tsang dant to help him sell them.

was consistent with innocence. agreed to a price of $6 per dozen on reasons only known to himself, the goods. One day a customer walk- Magistrate chose the farmer. ed into defendant's shop where the Lordship said he had come to the con- samples were on display, and on ex-clusion that the Magistrate directed amining them, remarked that they his "jury" mind on the wrong line and bore the name "Jimmy's" stamped on that he misunderstood and misapplied them. Defendant had no idea the cut-the provisions of the law regarding lery bore, any relation to Jimmy's Kit- the attitude which must be adopted

towards an accused person.

chen.

Tsang told him that the name was On that of the maker's in America. November 17, defendant took the sam- ples to Mr. Landau in order to sell the cutlery to him, as. he thought' that Mr. Landau would purchase the goods with his restaurant's name already stamped on. At Jimmy's Kitchen, nothing happened to arouse his sus- stolen picions that the goods were property.

In the Appeal Court this morning Mr. Silva submitted that the theft of the goods had not been proved before. the Magistrate and that the award of compensation was unjustified as Jim- my's Kitchen was not an aggrieved party.

the

His

His Lordship granted the appeal and ordered the fine, if it had been paid, to be returned, and that the compen- sation awarded Jimmy's Kitchen, be also refunded.

VON RIBBENTROP

IN WARSAW TO

END SUSPICION

Warsaw, To-day.

The evidence of the Crown, added Mr. Silva, consisted only of a list of events with a sad gap which left them unproved. The evidence of Mr. Ern-

The German Foreign Minister, est Manning, of Messrs. John D. Hut- chinson and Company, and other wit-von Ribbentrop, accompanied by nesses for the Crown, was merely that his wife, ten officials of the Foreign on a certain date, certain goods were Office and 20 German journalists, missing.

afternoon and

Mr. Silva submitted that inferences arrived yesterday

could not be drawn from evidence was welcomed by Colonel Beck and which was not there. The whole of the personnel of the German Em- the evidence, produced by the Crown, bassy. merely established that goods were missing.

Appellant, continued.

Mr. Silva,

Von Ribbentrop, who is return-

openly displayed the samples of the ing the visit paid to Berlin by "stolen" goods in his showcase and Colonel Beck in 1985, is the first was German Foreign Minister to visit immediately after his attention drawn to the name "Jimmy's" on the Poland. :

cutlery, he went to Jimmy's Kitchen

with whom he had previously dealt. During his stay, he will reside at- There was no evidence that appellant the Palace Blanc, a, Barque build- or anyone in his shop had knowledge ing, formerly owned by the French of. the English

language.

Besides,

he was told that the name was that of Huguenot banker, Blanc, which the manufacturer's.

was recently acquired and restor- Mr. Silva pointed out that when ap-ed by the State. pellant saw Mr. Landau, the latter

did not give the slightest indication The Palace has interesting as- that the goods were stolen property sociations with the famous com- but bargained with appellant for the

purchase of the cutlery. Mr. Silva sub-poser Chopin, who lived in it for mitted that appellant had no know some years in his youth.

ledge that the cutlery were stolen, but Ocean.

admitted that his client might have had a slight suspicion after the name on the cutlery had been drawn to his at- tention. That was why he went to Jimmy's Kitchen, where not the slight- est indication that the goods had been stolen was given by Mr. Landau.

Mr. Silva contended that appellant's

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NEVER AGAIN

Trans-

Warsaw, To-day. Reichs Foreign Minister Baron von Ribbentrop, accompanied by the German Ambassador in Warsaw was cordially welcomed by the German “community, at the festively decorated" club,

In his address,・・・ Ribbentrop declared that it

the of the Fuehrer Rapid easy lessons. Be firm will ginners A speciality that the understanding reached with Advanced courses. Mo Marshal Pilsudski in 1984 a should dern Ballroom Tango, Tap: Expert Tuition.: be strengthened and become per- TONY'S DANCE STUDIO manent. There should never again 6th Fl. China Bldg,, 12-A be any difficulties between the two

Tel. 80988.

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Was "